Speculation mounts about Worcester connection to state ethics probe

Saturday

Mar 23, 2013 at 6:00 AMMar 23, 2013 at 8:50 AM

By John J. Monahan TELEGRAM & GAZETTE STAFF

State Rep. John P. Fresolo, D-Worcester, while not acknowledging directly that he is a target of an ongoing Statehouse ethics investigation, repeated to reporters today that he will not resign his post.

House Speaker Robert A. DeLeo, D-Winthrop, on Thursday confirmed that he has directed the House Ethics Committee to undertake a full investigation into “serious allegations” of misconduct by a House member that were brought to his attention by a member of the Statehouse legislative staff.

Mr. DeLeo's office released a statement Thursday night detailing the investigation process, but did not identify the lawmaker involved or disclose the nature of the allegations.

Since last week, however, there has been widespread talk in political circles that the investigation centered on Mr. Fresolo, who is in his eighth term representing the 16th Worcester District.

Shortly after Mr. DeLeo's statement was released, Mr. Fresolo said he would not discuss whether he was the legislator under investigation and that his lawyer had advised him not to say anything. He told a reporter who went to his home in Worcester Thursday night, “I am not resigning”.

That comment came after several local Worcester news outlets reported that he was on the verge of resigning his seat in the face of the investigation.

On Friday Mr. Fresolo repeated similar comments to Boston television reporters who descended on his home on Dolly Drive in Worcester, insisting that he would not resign his office.

The lack of available specifics has given rise to speculation over the misconduct in question in the investigation, but the speaker's office said that as required by rules governing Ethics Committee investigations, he would have no further statement on the case.

In the statement, the speaker said the allegations were made against the lawmaker by a House employee two weeks ago and that he directed House counsel at that time to undertake a preliminary investigation to determine if the allegations had merit.

That preliminary review concluded last Friday that there was sufficient cause to warrant a full investigation by the Ethics Committee, and Mr. DeLeo has directed the committee to conduct one.

The 11-member Ethics Committee operates largely outside of public view, under specific rules that require that all proceedings, including the filing of an initial complaint, be treated as “confidential information.”

The rules require that allegations be filed with the committee in the form of sworn written complaints, and that the committee notify any person named and provide the nature of the alleged ethical violations and a list of prospective witnesses, and afford the target of the investigation an opportunity to appear before the committee represented by a lawyer.

If the allegations are deemed to have merit by a majority vote of the committee, the committee must file a report with the Clerk of the House. At that point the report becomes a public document. If allegations are deemed unfounded or without merit, the committee is prohibited from disclosing the nature of the allegations, and no conclusive reports are filed.

In cases in which the committee finds violations of House Ethics rules, they can recommend a reprimand, censure, removal from leadership positions or even expulsion from the House, for consideration by the full 160-member House of Representatives.

Several lawmakers expressed frustration with the investigation Thursday, complaining that until the target of the allegations is named publicly, all members could be under a cloud of suspicion.

Meanwhile House Minority Leader Bradley H. Jones Jr., R-North Reading, said in a statement that he had been apprised of the referral to the Ethics Commission last week.

“I support the speaker's decision and recommendation in this matter,” Mr. Jones said. “It is my hope and expectation that the committee will fully, fairly and expeditiously investigate these allegations.”